Notaries Act (LN) - Scope (NG)

1. This Act is applicable

a) to notaries authorized to practice their profession;

b) to holders of a notary diploma who seek authorization to practice their profession;

c) to holders of a licentiate, a doctorate in law, or an equivalent academic title who are completing a notarial internship.

2. The simplified public notarization procedure provided for in the Introductory Act to the Swiss Civil Code is not regulated.

3. The provisions of federal law concerning public notarization are reserved.

1. Internships approved before the entry into force of this amendment are subject to the previous law.

1. Individuals who were admitted to the internship prior to the amendment of the law may, during a transitional period of 5 years, invoke the old law to pass the examination.

1. This Act aims to ensure the guarantees associated with public notarization as well as the protection of good faith in commercial transactions.

1. Instructions given to candidates who began their internships before the amendment to Article 12, paragraph 5 came into effect remain valid for them.

1. The notary is an organ of voluntary jurisdiction and performs a public function.

2. He/She is a public official who performs his/her notarial duties independently under state supervision; he/she is not a state employee.

3. A notary may practice his/her profession as an employee of

a) another notary who is licensed in the canton;

b) a corporation (stock corporation or limited liability company) according to the conditions specified in Articles 23a and 23b.

1. Subject to the powers granted to other officials or authorities by legislation, notaries are exclusively competent to perform the public notarization of declarations of intent and determinations that the parties wish to or must grant a public character.

2. A notary authorized to practice under the application of the present law may perform notarizations throughout the entire territory of the canton.

3. A notary may notarize an act outside the canton if authorized by the competent authority of the notarization location or by law.

4. ...

1. The notary is civilly liable for any damage caused either unlawfully, intentionally, negligently, or in breach of his contractual obligations, even if he is employed by another notary or if the office is operated in the form of a corporation

a) in the exercise of his official duties;

b) in the exercise of his professional activities related to official duties.

2. He is liable for the actions of his assistants.

3. When certifying signatures or copies, he is not liable for the content of the documents, except when it involves a document he has himself notarized or contributed to its creation.

4. The state is not liable for the civil consequences of errors committed by the notary.

5. The liability of the notary acting as an auxiliary to the judiciary remains reserved.

1. Civil claims arising from the official or professional liability of the notary are subject to the provisions of the Swiss Code of Obligations concerning the contractual liability of agents (Art. 97 et seq., 127 et seq., 394 et seq. CO), which form supplementary cantonal law.

2. The civil court judge adjudicates the liability claim. The Swiss Civil Procedure Code is applicable.

1. The Association of Notaries of Valais consists of all notaries practicing in the canton. Its statutes are submitted to the State Council for approval.

2. It oversees the preservation of general interests and the dignity of the profession; it provides opinions on all questions submitted to it by the State Council concerning the legal status of notaries and the exercise of notarial functions.

3. It collects an annual membership fee from its members. According to Article 7, paragraph 5, and Article 12, paragraph 6, a portion of these fees is used to finance continuing education.

4. It appoints a supervisory chamber consisting of five to seven members, who must accept their appointment for a period of four years. Furthermore, the organization of the supervisory chamber is determined by a regulation of the State Council and the statutes.

5. It ensures the continuing education of its members.

1. Subject to contrary provisions, the department responsible for notaries (hereinafter: Department) shall ensure the implementation of this law and the execution legislation.

2. The Law on Administrative Procedure and Administrative Jurisdiction is applicable.

1. The granting of permission to practice as a notary, the renunciation of notarial activity, the revocation of the practice authorization, the suspension, and the removal from office are to be published in the official gazette.

1. Every term used in this law to refer to a person, a statute, a function, or a profession is used in the same sense for both men and women.

1. No one may undertake a notary internship without the approval of the Department; this approval is granted to a candidate who

a) possesses full legal capacity;

b) has completed a law degree at a Swiss university with a licentiate, a bachelor's and a master's, or a doctorate, or holds an equivalent academic degree;

c) meets the conditions specified in Article 17, letters b and c;

d) presents confirmation from a notary practicing in the canton, thereby affirming the notary's willingness to train the candidate.

2. The internship is primarily aimed at the professional training of the notary.

3. It may not be combined with a legal internship.

1. The notarial internship lasts for at least 12 months, generally without interruption.

2. A continuous interruption of more than eight weeks is not counted towards the duration of the internship.

3. Only internships completed entirely within the 5 years prior to the examination are considered for admission to the examination.

4. The internship is completed in the office of one or several notaries of the canton, either consecutively or simultaneously.

5. Part of the internship must be completed in both a land registry office and a commercial register office. Additionally, part of the internship can be completed in a cantonal office whose scope of duties has a direct connection to the official duties of the notary.

6. To be admitted to the examination, the intern must have attended training courses organized by the Notaries' Association in collaboration with the Department. The financing of these courses is provided 30 percent by the interns and 70 percent by the Notaries' Association.

7. The regulations of the State Council determine the duration and modalities of the mandatory internships.

1. The notary examination covers the necessary legal knowledge and professional rules.

2. It includes a written and oral exam.

3. The third failure of the examination is final.

4. The examinations are conducted by a cantonal examination commission, which is appointed by the Council of State. The commission decides in the first instance. The decisions can be appealed to the cantonal court. The regulations determine the composition and organization of the examination commission as well as the scope of review by the appellate instance.

5. According to the tariff determined by the Council of State, an examination fee is charged. This fee is not higher than the court fee levied by a department in an administrative matter with no monetary value.

1. The written examination consists of drafting four public or private documents or contracts.

2. The oral examination covers the following areas

a) notarial law, professional ethics, and the management of a law office;

b) federal and cantonal public law;

c) federal and cantonal civil law;

d) debt enforcement and bankruptcy law;

e) international private law;

f) cantonal administrative and civil procedures;

g) the general concepts of commercial bookkeeping.

3. The examination committee prepares a detailed list of the examination material for each exam.

1. The notarial diploma is awarded to those who have completed the internship and passed the examination.

2. Furthermore, the State Council shall determine the modalities and procedure of the internship and the examination by regulation.

1. The exercise of notarial duties requires a permit granted by the Council of State, based on the report of the Department. The report must demonstrate that the applicant meets the conditions necessary for the practice of notarial duties.

2. The professional practice permit, which confers the status of a public official, is granted in the Council of State session where the notary takes the oath. The regulation governs the oath-taking procedure.

3. The notary authorized to practice receives an official seal, the use of which is determined by the regulation.

4. The Department publishes the list of official notaries annually in the official gazette.

1. Any person applying for authorization to practice as a notary must meet the following conditions

a) Be a Swiss citizen and possess full legal capacity;

b) Not have been criminally convicted for actions incompatible with the practice or dignity of the profession, and such conviction must not appear on the criminal record;

c) Neither be in bankruptcy nor have been affected by a provisional or definitive certificate of unpaid debts;

d) * Reside in the canton while performing official duties; otherwise, it is assumed that the official office is chosen as the residence for all official and professional matters;

dbis) * Have an office in the canton or be employed at one;

e) Hold the Valais notarial diploma;

f) Have subscribed to adequate professional liability insurance and provided the required security as prescribed by law;

g) Be a member of the Valais Notaries Association.

1. The notary must maintain an office that is accessible to the public and suitable for the practice of their profession, which is separate from any other offices, with the exception of law firms.

2. The notary may maintain a second office if it is justified by public interest.

1. To ensure any liability claims arising from official or related professional activities, the notary shall

a) secure adequate professional liability insurance;

b) provide additional sufficient guarantees in the form of securities.

2. The State Council shall determine

a) the minimum coverage amount for the professional liability insurance;

b) the amount and modalities of the securities, the regulation of claims against the securities in the event of multiple injured parties, and the time frame for returning the securities upon termination of professional activity.

1. The notarial activity is incompatible with any other predominantly profit-making activity, except that of a lawyer. Articles 21 and 22 remain reserved.

2. The notary may not draft any document that directly concerns a matter in which he himself or one of his office partners has acted as a lawyer.

1. Incompatibilities with Notarial Activities

a) Functions and positions held within public communities and public corporations, as well as their institutions;

b) The role of head or employee of a debt enforcement and bankruptcy office, land registry office, or commercial register office;

c) The sale, trade, and professional brokerage of real estate;

d) Commercial banking activities and professional asset management;

e) Receiving full pension benefits from the second pillar through a public fund or a private fund financed by the public community;

f) Receiving a pension from the second pillar after reaching the age of 65 through a public fund or a private fund financed by the public community.

**1. The notarial activity is particularly compatible with the simultaneous exercise of:**

a) an adjunct teaching assignment;

b) a part-time political mandate;

c) the role of a municipal judge or the deputy of a judicial magistrate or membership in a municipal, cantonal, or federal administrative commission;

d) the role of a legal clerk of a municipal or inter-municipal authority and of a child and adult protection authority.

**2. Provided he acts in his own name, the notary is furthermore authorized to officially or privately manage real estate and assets.**

1. Regardless of the form of the company, it is prohibited for the notary to associate with a representative of another profession, except that of a notary or lawyer.

2. Each notary conducts their activities under their own responsibility.

3. In the event of a shared office, the notary must

a) * maintain their registers, original documents, handwritten wills entrusted to them, and other documents as well as copies of the certificates issued in the original separately. They shall keep as annexes to their documents all evidentiary materials mentioned therein.

b) * ...

1. If a law firm is operated in the form of a corporation, the following additional provisions shall apply

a) Only one or more notaries authorized to practice in the canton of Valais, or a company in which, in turn, only one or more notaries authorized to practice in the canton of Valais hold interests, may participate in the capital of the company;

b) The corporation must be based in the canton of Valais;

c) The company's purpose is to provide services associated with the operation of a law firm;

d) Only the notary or notaries participating in the capital of the company may serve on the board of directors, hold the position of general manager, or act as the company's managing director;

e) A notary may not hold interests in other corporations with the same purpose;

f) The transfer of shares or stocks is subject to the restrictions provided in Articles 685a and 685b of the Swiss Code of Obligations;

g) The founding document and the bylaws of the corporation have been submitted to the department for review.

2. The regulation of the State Council specifies the additional relevant documents and materials subject to review by the department as provided in paragraph 1, letter g.

3. When one or more notaries operate a notary office in the form of a corporation while simultaneously practicing as lawyers, they may conduct both professional activities within the same corporation.

1. The notary shall promptly report any changes concerning the conditions stipulated in Article 23a to the department.

2. Compliance with these conditions shall be reviewed as part of the limited audit, which notaries who practice within the framework of a corporation are required to undergo. The notary shall transmit the results of this audit along with the audit report to the department.

1. The notary may relinquish his/her practice at any time. The declaration of relinquishment must be made unconditionally. He/she shall notify the department and the notaries' association in writing thereof.

2. Furthermore, the practice is terminated upon reaching the age of 70, in the event of death, upon withdrawal of the license to practice, or upon removal from office.

**1. Upon Termination of Professional Practice, the Department Shall:**

a) Order the necessary publications in the Official Gazette;

b) Appoint the inspector responsible for the safeguarding of the files and the liquidation process.

**2. Subject to the Duties Assigned to the Department and the Liquidation Notary, the Inspector Shall Issue the Necessary Orders Regarding:**

a) The securing of the registers, original documents, handwritten wills, or other entrusted files, copies of deeds delivered in original form, as well as all evidence mentioned in these documents;

b) The authority to dissolve the office.

**3. In All Cases and Without Delay, the Inspector Shall:**

a) Make a determination regarding the maintenance of the registers and accounting;

b) Compile an inventory of unregistered deeds and pending cases;

c) Prepare a report for the Department.

**4. Based on the Final Report of the Inspector or the Liquidation Notary, the Department Shall Determine by Decision That the Liquidation Process is Concluded.**

**1. Upon Termination of Professional Practice, the Notary Must:**

a) * Close his/her office or sell his/her shares in the capital company;

b) Complete any pending documents within a reasonable time;

c) Settle the accounts of the office;

d) Return the official seal and the professional practice license to the Department;

e) Cooperate with the inspector and the liquidation notary.

**2.** He/She must deliver to the State Archives of Wallis, within the deadline set by the Department and under the supervision of the inspector, the lists, the original documents, the entrusted handwritten wills or other documents, the copies of the documents handed out in original, as well as all the receipts mentioned therein; the files must be stored in archive boxes in the order of the numbering of the lists.

**3.** In the event of death, the legal successors must permit all actions related to the dissolution of the office.

1. The Department appoints a liquidation notary

a) if the notary fails to fulfill their duties upon the termination of their professional activities;

b) if the termination of the professional activities results from death, revocation of the practice permit, or removal from office.

2. Except in the presence of significant reasons, every practicing notary is obligated to accept the office of liquidation notary.

3. The liquidation notary carries out their activities in the name and on account of the replaced notary or their legal successor. The latter cannot oppose liquidation actions or validly perform such actions themselves. The liquidation notary is specifically authorized to issue receipts and settle accounts.

4. They are civilly liable for any damage they culpably cause in the exercise of their duties; their professional liability insurance also extends to their activities as a liquidation notary.

**1. The Liquidation Notary has the official duty to secure and maintain documents. This duty particularly consists of:**

a) fulfilling all formalities to safeguard the public interest;

b) securing titles, documents, and assets;

c) handling ongoing business, particularly performing formalities following the notarization;

d) delivering copies to legal successors and certifying copies;

e) updating the registers;

f) collecting legally compliant fees for pending documents;

g) withdrawing the advanced amount for the registration of a specific document from the business account;

h) managing the accounting concerning the pending procedure.

**2. At the end of his activity, the Liquidation Notary submits a report to the department. The department releases him from his assignment upon approval of the report.**

1. The liquidation notary is entitled to the fees as per the tariff for actions performed personally by them.

2. Furthermore, they are entitled to reimbursement of their expenses and a compensation determined according to the complexity and scope of the assignment, as well as the time necessarily expended.

3. The department determines the entitlement of the liquidation notary based on an accounting of the notary's costs and fees, and after hearing the interested parties pursuant to paragraph 2.

4. The liquidation notary demands payment from the replaced notary or their legal successor. In the event of the debtor's insolvency

a) the department pays the liquidation notary their costs and fees;

b) it can demand repayment from the replaced notary or their legal successor for the service rendered. The claim for recovery expires ten years after the department's decision by which the liquidation notary is relieved of their assignment.

1. If a notary is permanently unable to perform their duties, the provisions concerning the termination of professional practice shall apply analogously.

1. The notary appointed in office retains the official seal, the directories, the original documents, the holographic wills, or other entrusted documents, the copies of the originally delivered documents, as well as the evidence mentioned in these documents; he may produce duplicates.

2. The provisions concerning the termination of professional practice shall apply analogously to the termination of pending transactions.

1. The duty of care requires the notary to exhibit a certain level of attentiveness towards the parties involved in the official document and to execute accurately in order to prevent any negligence, error, or omission in the exercise of his official duties and in compliance with the legal order.

2. Reserved are the specific obligations associated with the notarization procedure.

1. The notary refrains from any form of client acquisition and public advertising. Exceptions are

a) the usual permitted advertisements, namely in cases of opening a practice, address changes, or changes in office partnerships;

b) joint advertising organized by the notaries' association in the interest of the profession.

2. The notary also refrains from any agreements that hinder clients' free choice of notary.

1. The notary is obligated to offer his services when requested and if the matter falls within his jurisdiction.

1. The notary must refuse his services

a) if the law prohibits him from providing them;

b) if the content of the document is unlawful, contrary to public order, or good morals, if it concerns a sham transaction, or if the document infringes the rights of third parties;

c) if a person required to participate in the notarization is clearly incapable of judgment.

2. The notary may refuse his services if objective and significant reasons prevent him from notarizing. This specifically includes hindrances related to the fulfillment of legal obligations, illness, or justified absence.

1. A notary is prohibited from executing a document

a) if the notary is personally involved, acts as an agent or grantor of a power of attorney, substitutes this power of attorney to third parties, or if the document contains a provision in their favor. This excludes tasks related to the performance of subsequent actions connected with the notarization or being designated as an executor of a will;

b) in which the notary's relatives or in-laws in the direct line to any degree and in the collateral line up to and including the third degree are involved. A guardian, advisor, and attorney-in-fact are not considered interested persons;

c) concerning a general partnership or limited partnership of which the notary is a partner, or if one of the partners is a relative or in-law up to and including the third degree;

d) concerning a legal entity whose management or outward representation is entrusted to the notary alone or together with other persons;

e) if the document concerns the notary as an executive body of a public community.

2. The notary cannot notarize corporate resolutions if they intend to vote themselves or if they act for third parties as a legal representative or based on a power of attorney; otherwise, the ground for recusal according to paragraph 1, letter d remains intact.

3. In public auctions, the grounds for recusal apply only concerning the seller. A notary cannot, moreover, be the bidder or the representative of the bidder in a public auction they are notarizing.

4. The provisions regarding recusal do not apply to the certification of signatures; however, the notary cannot certify their own signature.

5. In cases of legally mandated recusal, fee splitting is permissible.

1. The notary may only certify declarations of intent and facts which he has personally perceived in accordance with statutory provisions.

2. He must, in particular, by means of appropriate measures

a) verify the identity of the parties and their legal capacity;

b) verify the identity, capacity, and authority of representatives or any involved parties;

c) ascertain the true intention of the parties and precisely articulate it;

d) refrain from making any statement he knows to be inaccurate.

3. The document must be drafted truthfully and clearly.

1. The notary informs the parties about the form, nature, significance, content, and legal effect of the document; he draws their attention to the tax aspects as well as the notarial fees and the costs of registering the document signed by the parties. In the case of certifying a transfer of ownership, he informs the parties about the content and consequences of non-registered statutory liens concerning the notarized act.

2. He informs them of his obligation to register all wills and executed inheritance contracts that he has notarized or received with the Valais Will Register and the Central Wills Register.

3. He makes them aware of the criminal and tax law consequences of obtaining a false certification by deceit.

4. The notary has a duty to advise the parties.

1. The notary must safeguard the interests of the parties equally and impartially.

2. Reserved are the provisions of this law regarding the duty to recuse.

1. The notary is obliged to maintain confidentiality regarding facts and statements that have been entrusted to him by the parties or that he has become aware of in the course of notarization on their behalf. He must not grant unauthorized third parties access to documents containing such facts or statements.

2. The notary's employees, experts, interpreters, and translators are also subject to professional secrecy. The notary oversees this obligation.

3. The obligation of professional secrecy ceases

a) if all parties release the notary from it;

b) if the notary has been released from the obligation of professional secrecy by the department upon his request. This permission is granted only if the release is imperative for the protection of an overriding public or private interest;

c) if the proper fulfillment of his professional obligations necessitates disclosure to third parties.

1. The notary is obliged ex officio to perform the actions, registrations, approvals, and consents required by the contracts he notarizes or which are necessary to obtain full legal effect.

2. The duration of legal representation for registration is three years (Art. 963 para. 3 Swiss Civil Code). After this period, the parties to the document must confirm the registrations.

3. Once the notarization is complete, the registrations must be made within a maximum period of 30 days.

1. Any notarial activity is subject to bookkeeping in a commercial format. The entire cash flow for third parties must be disclosed in a separate section. It is to be closed as of December 31.

2. Funds entrusted to the notary are to be deposited under their category into a client funds account of the law firm.

3. The notary ensures that a set-off exclusion clause in favor of the firm's account is in place by the bank.

4. Accounting records must be retained for ten years. The State Council may issue specific regulations regarding the bookkeeping and the values entrusted to the notary for safekeeping in the exercise of their official duties.

5. The accounting is subject to an audit every two years in the sense of the limited audit according to Article 727a of the Swiss Code of Obligations (OR) and according to the principles outlined in the regulations. The limited audit is to be conducted by a licensed auditor. This audit cannot be waived.

1. The equivalent of funds entrusted to the notary for any reason must be available at all times in liquid form (cash, current account, or postal account). These funds may be deposited in a special account opened by the notary association.

2. Bank or postal accounts of the notary into which client funds are deposited must not be subject to set-off and must be explicitly designated as "Client Funds Account."

3. Unless precise instructions to the contrary are given by the client, the reimbursement of the funds shall occur ex officio upon the completion of the transaction.

1. The notary acts as an auxiliary of the judiciary when assisting the judge or the guardianship authority in the proceedings upon request.

2. The provisions of the law regarding the liability of public entities and their officials apply to the liability of the notary as an auxiliary of the judiciary.

1. The Notaries' Association or the Department periodically informs the public about the general duties of the notary.

1. The notary is entitled to

a) a proportional or fixed basic fee;

b) an hourly fee for actions, procedures, and formalities that are exceptionally required for the notarization of a complex document;

c) reimbursement of his expenses;

d) a payment advance for his compensation;

e) an advance for expenses related to the owed public charges.

2. Reserved is the compensation for the non-official activities of the notary.

3. The State Council shall issue the tariff of fees and expenses within the framework of this law.

1. The basic fee specified in the State Council's tariff includes the preparatory work, the drafting of the document, its notarization and safekeeping, as well as the registration requests and the issuance of the first copies to the parties.

2. The proportional fee is at least 200 francs.

3. The proportional fee is calculated in per mille based on a reference value according to a decreasing scale from 5 to 1 per mille. The State Council determines the reference values of the documents subject to public notarization, as well as the circumstances that require a reduction of the proportional fee.

4. The fixed fee must not exceed 3,000 francs.

1. The notary is prohibited from deviating from the tariff regulations.

2. Under the conditions provided in the regulations, the department may, by means of a reasoned decision which is communicated to the notaries' association for information, waive the fee.

1. The notary may charge a customary hourly fee in accordance with Article 46 paragraph 1 letter b.

2. The hourly fee is due even if the corresponding document was not notarized.

1. The maximum fee, which includes both the base fee and the hourly fee, shall not exceed 100,000 Swiss Francs.

1. For documents that do not require the form of public notarization, but for which the parties wish to provide this form, the fees will be contractually determined prior to notarization, and according to the complexities of the transaction.

1. The Federal Council may adjust the fee amounts in accordance with the Swiss Consumer Price Index through a resolution.

1. The notary is entitled to the reimbursement of expenses in accordance with the tariff.

2. The expenses of the notary are understood to be his own costs, namely costs for copies, postage, and travel allowances. These differ from the public charges incurred by notarization, particularly from transfer and stamp duties, as well as fees for obtained permits.

1. Upon completion of the activity, the notary delivers to the client an invoice detailing the fees, the hourly rates, and the expenses. Any advances paid to an authority are considered in the invoice.

2. The invoice specifies

a) the designation of the document, the decisive contract values, and the applied basic fee;

b) the hourly rate based on time spent;

c) the expenses.

1. The notary may assign his claim for fees and expenses as follows

a) to another notary of the same firm, of which he is an employee;

b) to the corporation by which he is employed.

1. The parties are jointly liable to the notary for the payment of fees, hourly charges, and expenses.

1. The civil judge adjudicates the notary's claim regarding fees, expenses, or reimbursement of cost advances.

2. The Swiss Code of Civil Procedure is applicable.

3. ...

4. ...

1. Subject to Administrative Supervision

a) the admission conditions to the profession;

b) the management of registers, the issuance of certified copies, and the preservation of originals, handwritten wills, or other entrusted files, copies of documents originally issued, as well as the supporting documents mentioned in these documents;

c) the oversight of documents for which recording was not requested;

d) * the oversight of bookkeeping and the safekeeping of valuables entrusted in the course of official duties;

e) * the oversight of conditions stipulated according to Article 23a, if the notary exercises their practice within a corporation.

2. Reserved are

a) the disciplinary supervision;

b) the professional supervision;

c) the control by the land registrar over the validity of the title (Art. 965 para. 3 Swiss Civil Code).

1. The department exercises administrative supervision

a) when it receives the relevant information;

b) upon complaint;

c) after receiving the inspector's report.

2. The office for land registries conducts inspections; for this purpose, it employs inspectors with a notarial diploma. The number of inspectors depends on the tasks assigned to them by law.

3. It submits a report to the department.

**1. The Inspection is to verify whether:**

a) the notary meets the requirements for practicing the profession;

b) the organization of the office ensures confidentiality and a dignified performance of official duties;

c) documents are stored and registers are kept in the prescribed form;

d) * there are substantive reasons for unregistered documents;

e) * the notary always maintains adequate liability insurance.

**2. Furthermore, the inspector checks on a random basis whether the notary:**

a) promptly provides copies in accordance with their obligation;

b) calculates fees in accordance with the tariff;

c) complies with the provisions of this law regarding the management of bookkeeping and the safekeeping of valuables entrusted to them in the course of their official duties.

1. The inspection takes place annually for the previous year; it must be announced 30 days in advance. It is conducted at the notary's office.

2. The notary must be personally present during the inspection and provide all requested information and documents.

3. The notary is required to present his registers, original documents, handwritten wills, or other entrusted files, copies of the documents handed over in their original form, as well as all documents mentioned in those records, and must allow any audit that facilitates findings regarding the office management. On this occasion, he provides the inspector with a signed duplicate of his registers.

4. The regulations of the Council of State determine the other modalities of the inspection.

1. The inspector submits the regular inspection report to the department and the concerned notary no later than 30 days after the inspection has been conducted.

2. Upon request from the department or on his own initiative, he prepares an additional or special report.

3. The report provides information on the result of the inspection and thoroughly mentions any non-compliance with the law or its implementing regulations.

4. After reviewing the report, the department either files it or initiates

a) an administrative procedure for compliance with the law (Art. 65);

b) a disciplinary procedure (Art. 67 ff.).

1. The head of the debt enforcement and bankruptcy office, or the judge, shall promptly inform the department of any provisional or definitive certificate of loss, any bankruptcy judgment, and any request for approval of a composition agreement concerning a notary.

2. The office responsible for the execution of sentences shall promptly notify the department of any conviction of a notary for actions that are incompatible with the exercise of their profession.

3. For this purpose, the department regularly submits to the supervisory authority a list of notaries authorized to practice their profession.

1. To ensure compliance with the law, the Department may order one or more of the following measures

a) a warning;

b) an order to perform or refrain from an action;

c) an order to perform or refrain from an action, combined with a criminal sanction in case of non-compliance in accordance with Article 292 of the Swiss Criminal Code;

d) revocation of the professional practice permit;

e) enforcement action pursuant to Articles 37 and subsequent of the Act on Administrative Procedure and Administrative Judicial Procedure.

1. The department may, in exceptional cases, provisionally withdraw the authorization to practice if the notary is evidently in a situation that is no longer compatible with the performance of the official duties entrusted to them, in particular due to

a) guardianship proceedings;

b) criminal prosecution for serious offenses (Art. 17 lit. b), upon the proposal of the public prosecutor;

c) an application for a moratorium, until the decision on the matter.

1. The notary, who willfully or negligently violates the provisions of this law or the implementing legislation, may be subject to disciplinary action regardless of the consequences of his civil or criminal liability.

2. Reserved is the professional supervision by the supervisory chamber of notaries.

3. The renunciation of the practice of notarial functions does not terminate disciplinary responsibility.

1. The disciplinary authority may impose the following sanctions

a) a reprimand;

b) a fine up to 10,000 Swiss Francs;

c) a monetary penalty up to five times the amount unduly charged or not charged in cases of unfair competition in the application of the fee schedule;

d) suspension from professional activity for six months to two years;

e) permanent removal from office.

2. The disciplinary sanction is determined based on the severity of the notary's misconduct, their previous conduct, and the interests at risk or harmed.

3. Multiple sanctions may be combined.

4. Generally, removal from office can be ordered only for serious misconduct by the notary and in cases of recidivism.

5. In a minor case, disciplinary sanctions may be waived if it is presumed that a simple warning will suffice to ensure the notary's future impeccable performance of duties.

1. The department is the first-instance disciplinary authority.

2. The law on administrative procedure and administrative justice applies to the disciplinary proceedings.

3. The judge and the administrative authority report to the department any notary who has violated the present law or the implementing legislation.

4. A third party may bring the conduct of a notary to the attention of the department. The informant is not considered a party to the proceedings and does not have the right to appeal.

5. If the public interest is not affected, or the informant takes legal action to enforce his interests, the disciplinary proceedings may be suspended.

1. Disciplinary prosecution becomes time-barred one year from the date of awareness of the offense and, in any case, no later than five years from the date of the act.

2. The limitation period is interrupted by any investigatory or procedural action.

3. If the facts underlying the disciplinary prosecution are the subject of a civil or criminal proceeding, a disciplinary sanction may still be imposed after the deadlines provided in paragraph 1, within two years from the conclusion of the court proceedings.

1. The Supervisory Chamber for Notaries shall take all measures deemed appropriate to prevent or penalize breaches of professional dignity, either upon receiving a complaint or ex officio. To this end, it may impose the following sanctions for culpable conduct

a) a reprimand;

b) a fine of up to 10,000 Swiss Francs, which shall be transferred to the account of the canton;

c) suspension of professional practice from six months to two years;

d) expulsion from the notarial association.

2. The provisions of this Act concerning disciplinary procedures and their expiration are applicable by analogy.

3. A notary who, by the same act, violates both the law and the reputation of the notarial profession shall be subject to a single disciplinary procedure conducted by the Department. The Department shall consult the Supervisory Chamber.

1. Every document prepared by the notary is a public document, including the document concerning the establishment of a fact.

1. Subject to other federal and cantonal legal provisions, the public deed must be executed in accordance with the procedures specified in this Act.

1. The term "original document" refers to the public document, the original of which, along with the associated records, is kept in custody by the notary.

1. An original issued document refers to a public document of which the original is handed over to the entitled person.

2. Only the following documents may be issued in their original form

a) protest notes;

b) cancellations;

c) receipts;

d) deposit certificates;

e) signature authentications;

f) certified copies;

g) powers of attorney;

h) findings;

i) certificates of notoriety;

j) affidavits.

1. As a rule, the public notarization takes place at the notary's office.

2. In any case, the location of the notarization must be suitable for the exercise of the notarial functions and ensure a balanced protection of the parties' interests.

1. The notary may not execute a public deed on Sundays and other holidays as stipulated by the cantonal labor law.

2. Exceptions apply to

a) Deeds that contain testamentary dispositions;

b) Deeds that are urgent due to illness. In this case, a medical certificate attached to the deed must attest to the urgency.

1. The original document must be drafted in German or French (official languages).

2. Original documents delivered can be drafted in another language, provided it is understood by the notary and the party involved.

1. A party may request the execution of a public document in a foreign language (Art. 55 para. 2 Final Title Civil Code). In such a case, the notarization must also occur in an official language.

The document drafted in a foreign language must be signed by the interpreter, thereby confirming its conformity with an official language. This process, as well as the preceding twice reading of the document, must be certified by the notary. If the translation is performed by the notary or a witness, this circumstance must also be certified.

2. If a party requests or if it is not proficient in any official language, the notarization must also be conducted in a language understandable to the party.

The involvement of an interpreter is necessary if the notary or a witness proficient in that language cannot guarantee the exact translation of the document. The reading of the document in an official language precedes the translation of the document into the other language. This circumstance and the involvement of the interpreter must be certified.

3. Documents in an official language and documents drafted in another language have the same probative value.

**1. The Public Document Must Include Alongside the Object to be Notarized:**

a) the first name and surname of the notary as well as the location of their office;

b) the place and date (day, month, year) of notarization;

c) the first name, surname, date of birth, father's name, marital status, place of citizenship or nationality, residence, and address of the parties;

d) the company form, registered office, and legal form of the legal entities as per the attached extract from the commercial register or statutes;

e) the first name, surname, date of birth, and residence of the representatives with an indication of the representation relationship, as well as the first name, surname, date of birth, and residence of the witnesses and auxiliary persons of the notary;

f) the mention of powers of attorney as well as approvals, register extracts, and other necessary documents;

g) the declarations of intent of the parties or the established facts;

h) the confirmation of the fulfillment of formalities required for the notarization of declarations of intent;

i) the signature of all persons involved in the notarization, except in cases provided for by law.

**2. If the Document Concerns a Real Property, it Must be Precisely Described in the Act.**

1. The public deed is drawn up by the notary in unalterable script, by hand or by any other means, on paper.

2. The documents mentioned in the deed are attached to it in original or in copy.

3. The public deed is executed in one go, continuously.

4. The date of the deed and the numerical data for the description of the subject matter of the deed, the obligations, and performances of the parties must be fully spelled out in letters at least once, and also mentioned in figures. If the deed contains mathematical operations, only the result is to be written out in words.

5. Common abbreviations are permitted.

6. Each party required to sign initials the margin of each page of the deed.

7. Subject to the regulations of the Council of State and the directives of the department, the land registry, and the commercial register concerning the documents required for the execution of the deed.

1. Words to be removed shall be struck through. The struck-out words must remain legible.

2. Words are added through marginal notes or additions immediately before the closing verbal.

3. Attachments, strikeouts, marginal notes, and additions that do not comply with the form of this article shall be considered as not forming part of the public document.

4. The notary and the parties shall initial every change that is made.

1. The notary may at any time, under their own responsibility, correct inaccuracies that are obviously due to inattention, as well as clerical or computational errors, provided that no change is effected to the intent of the parties.

2. These corrections shall be mentioned following the final clause and the signatures, possibly with a statement of justification. They shall never be introduced into the text of the document.

3. The notary shall confirm their legal validity with their seal and signature.

4. Failure to comply with paragraphs 2 and 3 shall render the corrections as not written.

1. The various sheets of a document, as well as the supporting documents mentioned therein, must be combined into a single document and form a complete entity.

1. The Notarial Deed is Not Public

a) if it is authenticated by a notary who is not authorized to practice or is suspended;

b) if it is executed by a notary who is not competent in terms of Article 4;

c) if the provisions of Articles 78, 79 paragraphs 1 and 2 second paragraph, 80, 81 paragraph 1, 87 paragraph 2, 90, 92, 93, 96 paragraphs 1 and 2, 97 paragraphs 1, 2 and 6, as well as Article 98, are not observed, or if Article 195 paragraph 4 of the Introductory Act to the Swiss Civil Code is not observed.

2. The notarial deed executed by a notary not authorized in terms of Article 36 paragraphs 1, 2, and 4, or in violation of Articles 79 paragraph 2 first paragraph, 88 paragraph 2 and 89 paragraph 2, can be annulled by a court at the request of a party or their legal successor within a period of two years from the authentication.

3. The violation of a formal requirement causes the liability of the notary regardless of the validity of the deed.

4. ...

1. The requirement for a public notarization form is nevertheless deemed fulfilled

a) if the place and date of notarization are not designated in accordance with the law, but the document can be determined in such a spatial and temporal manner that all doubt is excluded;

b) if the subject of the document or the persons involved in the notarization are not designated in accordance with the law, but are described with sufficient precision to eliminate any related doubt;

c) if the provision of Article 80, paragraph 1, letter f, has not been complied with.

1. The party to the document is one that seeks to commit itself or acquire rights through its declarations.

2. The parties must be personally present at the notarization or be represented there.

3. The representative acts based on a power of attorney presented or to be presented. This is subject to the form requirements set forth in federal law.

4. If the representative acts for a person whose capacity to act is restricted under child and adult protection law, he shall present the decision appointing him.

5. The power of attorney shall be attached to the document in the original or as a certified copy.

6. Reserved are the cases of statutory representation.

1. The involvement of witnesses is only necessary in cases provided by law.

2. The following cannot act as witnesses

a) Persons who are not legally competent;

b) Persons who can neither read nor write;

c) Descendants, ancestors, siblings of the parties, their spouses, and the spouses of the parties or declarants.

1. The translator and the interpreter may assist the notary in the execution of his duties.

2. They must meet the same competency requirements as the witnesses.

3. The notary must reasonably verify the abilities of these auxiliary persons and inform them of their duties.

1. The notary reads the document to the parties or gives it to them to read in his presence and ensures that it is read.

2. After reading, the parties confirm that the document corresponds to their intent and sign it together with the notary.

3. If a party declares that they are unable to sign, the notary mentions this in the document, stating the reasons. In such a case, the notary executes the document in the presence of two witnesses, who sign together with the parties and the notary.

4. If the essential provisions of a document are formally contained in another document to which the document refers, they are only validly notarized if the formalities according to paragraphs 1 to 3 of this article are observed. The notary must confirm this in the document.

1. The author of a written declaration, who wishes to confirm it under oath, shall do so personally in the presence of the notary and after signing the declaration.

2. The notary shall supplement the declarant's statement with a confirmation stating that the declarant has signed the declaration and affirmed it under oath as true.

3. The form of the oath shall be established in a regulation of the Council of State.

1. If an appearing party cannot hear the reading of the document or cannot read it themselves, a translator shall inform them of its contents in the presence of the notary.

2. The appearing party then declares to the notary that they have been informed of the document and that it corresponds to their will.

3. If an appearing party cannot speak, the translator confirms with their signature that the appearing party has been informed of the document and consents to it.

4. Furthermore, proceedings are conducted in accordance with Article 90.

1. Subject to contrary statutory provisions, in particular Articles 501 and 502 of the Swiss Civil Code, the persons involved in the notarization must be present for the entire duration of the notarization.

2. The reading and signing of the document shall occur consecutively without interruption in the presence of all parties involved.

1. The certification of signatures is regulated in the Introductory Act to the Swiss Civil Code.

1. The certification of a copy entails a notary's confirmation that it completely and accurately reflects a document presented to them. If the copy only contains an excerpt, this circumstance must be noted.

2. The confirmation indicates the type of document (original, transcript, already certified copy, or not), unless this is already apparent from the copy.

1. The determination of the date of a private document is affixed to this document and notes the place and date of the determination, as well as the name of the principal.

2. The fact-finding includes a precise description of the fact and states the place, date, and, if necessary, the hour of the determination. Furthermore, it indicates the identity of the applicant.

3. If the determination pertains to a piece of real estate, it shall be precisely identified.

1. The notary entrusted with the confirmation of assembly resolutions personally attends the assembly.

2. The document regarding an assembly contains

a) the place, date, and time of day during which the notary attended the assembly;

b) the chairman's declaration concerning the convening, constitution, and capacity to pass resolutions of the assembly, as well as any objections against the conduct of the assembly;

c) the resolutions, indicating the method of voting and the voting results. Motions and other declarations are to be included in the document only upon the request of the concerned participant or by resolution of the assembly.

3. The minutes are signed by the notary, the chairman, and the secretary of the assembly.

4. The document regarding the assembly may be drawn up subsequent to it; the notary notes this fact in the document.

5. If additional minutes are taken alongside the publicly notarized minutes of the assembly, the notary records this in the document.

6. The provisions of this article apply analogously to the notarization of decisions of the board of directors.

1. The minutes of a general meeting or a board of directors meeting can be validly executed by remote notarization. A regulation of the State Council governs the modalities of remote notarization.

1. The registers that the notary must maintain for the public documents he issues themselves constitute public documents.

1. The notary maintains the following registers

a) the register of original documents, in which all deeds, whose originals remain in his possession, are recorded;

b) the register of documents delivered in original, in which all deeds whose originals have been handed over to the entitled party are recorded;

c) the register of testamentary dispositions, in which he records all public wills, inheritance contracts, and handwritten wills entrusted to him for safekeeping.

2. The certified copy, which was submitted to the administration, as well as the one whose original remains in the possession of the notary, does not need to be entered into the register of documents delivered in original.

1. The registers shall be maintained on ordinary A4-sized paper and be bound.

2. Maintenance in electronic form is permitted, provided each entry is signed in accordance with the provisions of this law.

3. The registers shall contain

a) the document's serial number in chronological order;

b) the date of notarization;

c) the personal details of the parties;

d) a brief description of the subject matter of the document;

e) the value of the stipulation;

f) the fees charged for notarization. If these fees are divided, the notary must mention the reason and the recipient.

4. Moreover, the notary shall note in the prescribed register

a) the date of registration in the land register for documents relating to real rights;

b) the date of notification to the Valais Testamentary Center and the Central Register of Wills for documents concerning last wills;

c) the registration date for all other documents.

5. Furthermore, a regulation by the State Council shall establish the rules concerning the form and content of the registers.

1. Upon completion of the notarization, the notary public shall number the document in chronological order, record it without interruption in the prescribed register, and sign the entry.

2. Certifications of signatures, certifications of copies, and endorsements made on multiple copies of the same document shall be the subject of a single entry indicating the number of examined copies.

3. As long as the documents are not entered in the prescribed register, no actions may be taken in connection with public documents.

4. In the event of loss of the original, the entry shall serve as evidence of the document's existence.

1. The notary shall keep the original document of the certificates handed out as copies. He retains a certified copy of the documents delivered in original form.

2. He shall preserve all receipts mentioned in the original documents and in the copies of the documents handed over in original form, as an attachment to the original document or the copy.

3. For the documents entrusted to him for safekeeping, he issues a deposit receipt, which describes the document summarily. A copy of this receipt is attached to the deposited document.

1. The registers, original documents, copies of documents delivered in the original, as well as all evidence mentioned in these documents, are public property entrusted to the notary.

2. They are stored appropriately. The electronic archiving of public documents is carried out under the conditions specified in the regulations.

3. The regulations of the State Council determine the modalities of storage.

1. The notary may only hand over the original document or the documents attached thereto for submission to the land registry or registration office.

2. Otherwise, he may hand them over by decision of the supervisory authority or the judge.

3. Before handing over the original document, the notary shall prepare a copy, which shall replace the original until its return. This copy shall mention the date and the person to whom the original was handed over.

4. The author of a will may reclaim the original at any time. The declaration of return shall be the subject of a public certification, which replaces the will.

1. The transcript is the issued document for the proof of the rights or obligations conferred by the deed, or of the established facts.

2. It consists of a certified copy of the original document and is referred to as a transcript.

3. Any amendments or corrections made in the original are integrated into the text of the transcript, provided that the reproduction means allow it. Otherwise, the forms prescribed for amendments and corrections are also applicable to the transcripts.

4. Partial transcripts can be created, which must be designated as such.

5. Supporting documents related to the original must be either appended or attached to the transcript in certified copies or excerpts, as far as necessary for the purpose of the transcript or as prescribed by other provisions.

1. Only the notary who signed the original document or the liquidation notary can issue copies.

2. The state archivist, possibly with the assistance of the office responsible for the land register, issues certified copies of the documents deposited with the Valais State Archives, with the exception of bearer bonds secured by a mortgage.

1. In principle, the notary delivers a first copy to all persons to whom the document grants rights or obligations. However, in the case of debt instruments, only one copy may be delivered to the creditor(s) collectively.

2. For wills or inheritance contracts, a copy is delivered only to the testator or the contracting parties.

3. The copy mentions the registration or, if applicable, the entry in the land register.

4. The notary mentions on each copy the person to whom it is delivered.

5. He notes on the original document the issuance of each copy with the recipient's name and the date of delivery.

1. The notary may issue additional copies, provided that a legitimate interest is credibly demonstrated and there is no fear of misuse.

2. If the copy is a debt instrument, an additional copy may only be issued upon a court decision. The new copy indicates that it is a replacement title.

3. The provisions concerning securities remain reserved.

1. Whoever unlawfully uses the title of a notary shall be punished with a fine.

2. The first-instance jurisdiction lies with the department.

3. The verdict may be published.

1. In the absence of a contrary provision, this law shall apply from the time of its entry into force.

2. The diploma and the authorization to practice under the old law shall remain valid subject to Articles 115 and 116.

3. A document executed by the notary prior to the entry into force of this law shall be considered public if it meets the validity requirements under the old law or pursuant to this law.

1. A notary trainee who began their internship prior to the enactment of this law shall be subject to the previous law.

1. The notary must, within one year from the entry into force of the present law, take out professional liability insurance that meets the requirements of Article 19 and provide securities.

1. The notary must, within three years of the entry into force of this Act

a) cease any activity that is no longer compatible with the profession of notary;

b) in accordance with Article 21 letters e and f, renounce a pension from the second pillar provided by a public fund or a private fund financed by the public community.

1. The non-compliance with regulations concerning the practice of notarial activities is assessed according to the law in effect at the time of the act. If the present law prescribes a less severe sanction, it shall also be applicable to acts committed before its entry into force.

1. Repealed are all provisions contrary to the present law, in particular, the Notary Act of May 15, 1942.

1. This Act is subject to the optional referendum.

2. The State Council is entrusted with the implementation of this Act and is responsible for determining its entry into force. The implementation of the age limit is postponed for three years.